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Constitution Essay Examples

Conflict Between Legislature and Judiciary

...[ 5 ]. A two-part process of three steps: amendments are proposed then they must be ratified by the states. An Amendment can be proposed one of two ways. Both ways have two steps. It can be proposed by Congress, and ratified by the states. Or on demand of two-thirds of the state legislatures, Congress could call an Article V Convention to propose an amendment, or amendments, which would only be valid if ratified by a vote of three-fourths of the states. [ 6 ]. Amendments in the Indian Constituti...

Media Law Case Studies

...2 & 3. Although not all false news, even if maliciously published, falls within the stated restrictions in Article 10(2)(a), it is possible that the malicious publication of false news could incite acts which jeopardize the internal security of the country, undermine Malaysia’s friendly relations with other countries, lead to disturbance of public order, and incite the commission of offences. Hence, it can be said that Section 8A of PPPA falls within the orbit of permitted restrictions in...

The Role of Youth in Indian Politics

...(6) Ordinarily, courts should not pronounce on the validity of an Act or part of an Act, which has not been brought into force, because till then the question of validity would be merely academic. Indian judiciary has been able to overcome the restrictions that were put on it by the 42nd amendment, with the help of the 43rd and 44th amendments. Now the redeeming quality of Indian judiciary is that no future governments could did its wings or dilute its right of Judicial Review. In fact, now the ...

Founding Fathers

...Both Beard and Roche have contrasting views on what the purpose was of the founding fathers in their framing of the Constitution, but both are ultimately flawed as it is wrong to say that their agenda was limited to selfish greed or altruism for the majority. The real agenda, as Hofstadter explains, was to form a balanced government that ensures the basic rights for both the majority and minority, allowing the wealthy and the poor to be represented and protected under the branches of the governm...

Constitution a Radical Departure from the Articles of Confederation?

...This led for them to print large amounts of paper money in which caused inflation making the money worthless. Many of these problems led to people wanting a stronger central government. In 1787, delegates from the 13 states went to Philadelphia to amend the Articles of Confederation. Debates quickly turned away from reforming the Article of Confederation to creating a new national government. Most delegates believed that the central government had to be much stronger with the ability to collect ...

Preamble as an aid to interpretation

...But , where the language of the enacting section is clear and unambiguous, the terms of the Preamble cannot qualify or cut down the enactment. The interpretation through preamble is a very important aid to interpretation but over use of it can also lead to injustice The Preamble shows the general purpose behind the several provisions of the Constitution but, nevertheless, it is never regarded as a source of any substantive power or limitation. It should never be used in those situations where th...

Equal protection and due process clauses

...In reference to the 14th amendment, Senator Jacob M. Howard, one of the 14th Amendment?s authors, once stated, ?It establishes equality before the law, and it gives, to the humblest, the poorest, the most despised?the same rights and the same protection before the law as it gives to the most powerful, the most wealthy, or the most haughty?. Without this principle of equal justice to all men and equal protection under the shield of the law, there can be no republican government and none that is r...

Is the constitution effective?

...After the Revolutionary War, the U.S. needed to break away from England, and create and image and identity for itself. The U.S needed to show that they weren't Britain's little colony anymore, it was a country with a strong government. The Constitution gave the United States the identity it needed. It is a strong document, giving the federal government power, while at the same time letting the individual states keep some of their sovereignty. After the Constitution was signed, the economy grew,...

Tyranny in Our World

...Freedom to explore ideas and our creative potential is not really allowed under our current educational system which trains students to be good slaves of the system. Even in our communities, we chastise others who do not blend in to the "common" cultural view point. Is this freedom? How can anyone think that tyranny is not alive and well today? Incidentally, in the area of religion, there is obvious tyranny which expresses itself as "my religion is better than yours." So as you can see, there is...

Consitutional issue in Brandy V HREOC

...The High Court seeks to achieve justice by consistently applying rules and procedures that shape a fair, consistent and predictable legal system and constrains government arbitrariness. It does not concern whether the end result will be substantive, as such it satisfies ethical, emotional or political factors. This notion of justice is more concerned with process and procedure than the result. As Selznick says, "legality has to do mainly with how policies and rules are made and applied rather th...

Sovereignty and Preamble

...24 It is a very difficult task to find out as what is the ratio in Keshavananda Bharti Case. I believe with what Justice R. C. Lahoti further says; When it is necessary to determine the width or reach of any provision or when there is any ambiguity or obscurity in the provision which needs to be clarified or when the language admits of meanings more than one the Preamble may be relied on. But when the language is clear and unambiguous then the Preamble could not be made use of as an aid of inter...

Motivation in History: Charles Beard and the Founding Fathers

...I believe that Beard's thesis on the motives of the Founding Fathers was not entirely correct because it was more than economics. I am impress on his thesis because he does creates support back up his thesis and with just reading his writing it makes you wonder is it possible, which is want he want that to be the reaction of people. The problem is if you are an historian you could not just read his writing, you must research other source and reading other primary sources the Beard's thesis died ...

Charles Beard - Framing the Constitution

...I do not really agree with Beard. It seems like the framers really did do a good job at protecting the rights of average citizens. Especially considering how long the constitution has lasted and how much changed in regard to everyday life has since then. They did an incredible job at making the constitution a long lasting and effective document. Beard was the opposite of Roche. I think that they wrote these documents as a debate, and that Roche most likely won. There is more evidence to support ...

Present condition of rule of law in Bangladesh

...However, the proposed measures for overcoming the shortcomings of rule of law also are not final but these are fundamental. Independent and particular policy for rule of law is a must for overcoming the ambiguity and anomalies in rule of law. After all, government must be committed to ensure the security of life and property of the people, protection of individual rights and the dissention of justice on the basis of the equality and fairness. On the other extreme, the opposition, civil society a...

Texas constitution

...Efforts to overhaul the Texas Constitution have failed. Consequently, the state has been forced to amend the document continually on a piecemeal basis. Fully 409 amendments were approved by Texas voters between 1876 and 2002, while 172 were rejected. The first amendment was adopted on September 2, 1879. A record twenty-five amendments were on the November 3, 1987 ballot. In 1999, a proposal to rewrite the constitution, the first such proposal in twenty years, was rejected by the Legislature. Th...

The 1967 referendum essay

...The referendum didn't really have much impact on australia or the aboriginal. It was seen as the beginning of a new contract for the aboriginal. They assumed by changing the constitution, all the discrimination would be taken away. But this was not the case; The rules of the aboriginals were still left to the individual states to decide. Furthermore, the government was still reluctant to acknowledge the aboriginals. However, there was some good things that come out from it. The thing that the ab...

The benefits of federalism to business outweigh the disadvantages in Australia

...2001. Ten Advantages of Federal Constitution: An how to make the most out of them. The Centre for Independent Studies. Viewed 28th April 2009 (Online) http://www. cis. org. au/policy/summer00-01/polsumm0001-8. pdf. Walker, G. 1995. ‘The Tribunal Trap’, Australia and World Affairs 8, (Autumn 1991), 53. The High Court restored some legal rigour to this area in Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR245, 69ALJR 191 Wheeldon, J. (Hon). 1997. ‘Federalism: One of De...

Administrative Law

...Constitutional law and administrative law are inherently political, because they are based on different notions of how states should run and for what purpose. Summary Without constitution law it is difficult to see how we could have administrative law because administrative law is the law made by the state in order to allow it run the country. Constitutional law essentially deals with who has the ability to make laws. Administrative law deals with the government officials who have been empowered...

Arizona Constitution and United States Constitution

...In his statement to the inhabitants in the area, Taft cautioned them not to tread the course that another just recently confessed state, Oklahoma (Arizona, 2009). He informed them to forego the adoption of such progressive policies such as efforts and referendums (Arizona, 2009).. But in the basic comparison of the state constitution and the United States Constitution, the primary factor is that in the Constitution of the United States, it prescribes limited powers, as contrasted to the state co...

No Such Thing As a Free Inquiry

...If such actions are enough to warrant bloody rebellion, surely students yelling really loudly or setting off fire alarms to cut off hate speech means that the conservative “victims” got off lightly? Leo’s reverence for the Constitution is rooted in the idea of it as a civilizing force that created the greatest nation in the world; hopefully, it is only a matter of time when he realizes that the aftereffect of civilization is being civilized, and will stop shaking his head wondering why the...

Federalism In Canada

...The federalist complements democracy in many ways. First is that it allows a fair and levelled playing field so that minority groups would have a chance. Basically it limits power acquisition of majority groups. The Majority groups using their large number of members with relevant positions, can affect change favourable to them. It is natural that there is growth among organizations. The federalist does not seek to inhibit growth of these organizations but rather it prevents the organization fro...

Federal Constitution

...Arqam movement was established by Ashaari Muhammad in 1968 and was distinguished by its rejection of secular state and strict adherence to Islamic way of life, manifested with specific clothing. It was estimated to have approximately one hundred thousand adherents and during the strongest period of the movement they started to challenge the government in relation to right to represent Malays. That led to arrest of the leaders, declaration of movement as unlawful by the National Fatwa Council in...

Classification of Constitution

...This is why it is said that the distinction between written and unwritten Constitution is one of degree rather than of form C.F. Strong comments that a classification of Constitutions’ on the basis of whether they are written or unwritten is illusory. It is, of course, sometimes necessary to distinguish between the so-called written and so-called unwritten Constitution, and whenever we needed to do so, we shall refer to the former as a documentary and to the later as a non-documentary Constitu...

Outline the Sources of the Uk Constitution

...Works of constitutional authority is another source of the constitution. They are book written by constitutional theorists that are considered to be authoritative guides to the UK constitution. This helps define what is constitutionally correct. However although they are written they are not legally enforceable. They are needed to fill the gaps of confusion in the UKs uncodified constitution, particularly in conventions. In addition they also give people insight on what the constitution actually...

Chavez V. Romulo Case Digest

...A licensee takes his license subject to such conditions as the Legislature sees fit to impose, and one of the statutory conditions of this license is that it might be revoked by the selectmen at their pleasure. Such a license is not a contract, and a revocation of it does not deprive the defendant of any property, immunity, or privilege within the meaning of these words in the Declaration of Rights. The US Supreme Court, in Doyle vs. Continental Ins. Co, held: “The correlative power to revoke ...

The New Nepal: Path to Development and Success

...Election should be held and we should choose the right leaders for the smooth running of government. This will solve the problem of unstable government and monopoly for power. Development of New Nepal is only possible if there is establishment of federal system and political stability in the country. The government should run according to the mandate of the Jana Andolan II. We, the citizen, should pressurize the government to function properly. The problems like corruption, unstable government, ...

Constitution

...Whatever interpretation is given on the constitution as Messee pointed out has been the subject of so many debates. Thus, it is not something to wonder should continuous debates emerge. It is of personal opinion however that so long as the interest of the public is served, the requirement for the government to better serve the society is met. For ordinary laymen this is what is important. Let the issue of interpretation and application be left to the hands of the constitutionalists and law maker...

Case Digests And Political Law

...Holding an accused in a criminal case within the reach of the Courts by preventing his departure from the Philippines must be considered as a valid restriction on his right to travel so that he may be dealt with in accordance with law. The offended party in any criminal proceeding is the People of the Philippines. It is to their best interest that criminal prosecutions should run their course and proceed to finality without undue delay, with an accused holding himself amenable at all times to Co...

Political Dynasty

...Assume that Congress would never pass the law enabling the policy against political dynasties; let us then resort to the principle of Section 1 in Article II. This principle does not require any enabling law because it is precisely the ultimate basis of all enabling laws. This is the principle why the political candidates try to win the votes of the people during political campaigns. We have indeed laws prescribing the requirements of the policy to vote. The Social Ethics Society can start the m...

Legal Awareness Is the Need of Hour

...Legal reforms which are long overdue in our country should be expedited. This would enable the judicial system to cut away lot of practices and procedures which delay the process of administration of justice. Most of the laws in our country owe their origin to colonial days and need to be reframed and simplified. The mind set for formulation of laws couched in legal jargons, clauses, sub-clauses not easily understood by the citizens has to change. Laws outlined in simpler terms can be easily com...

Reservation for Women

...When ten lakh women could get elected to Panchayat Raj, it was criticized that though women filed nominations their husbands continued domination and wielded more power. It might be true in some cases for some time. Still, the women proved to be effective in making decisions and allocations for the issues relating to people in general and women in particular. Hence it is wrong for arm-chaired critics to dismiss the change as useless and empowerment as impossible without raising even a little fin...

Preamble: United States Constitution

...Henry charged that the failure to follow the usual form indicated an intention to create a "consolidated" national government instead of the system that James Madison described in The Federalist No. 39 as being "neither a national nor a federal constitution; but a composition of both." Henry's assertion was made in the Virginia ratifying convention and was promptly and devastatingly rebutted by Governor Edmund Randolph: "The government is for the people; and the misfortune was, that the people h...

The United States Constitution; “A Living Document?”

...The United States should set example and help others to emulate its poise, not make interpretations that only leave populations guessing what the progressive left will limit by order, legislate from outside avenue or simply limit with or without Constitutional support in the nation. This the antithesis of setting a standard for the world in defending liberties and personal freedom, as is forcing its interpretations or values off U.S. shores. Only a nation of strength with rule of law and a base ...

The Six Basic Principles

...This ensures a divided power between the governments but the national government will always have more power than the state governments. The six basic principles proves that the U. S. government can be strong yet fair. It ensures that the government is lead by the people ensuring that we do not turn into a totalitarian or communist state. This makes us as a country very lucky because it gives its citizens the freedom and rights where in other countries do not have. These six basic principles ens...

The Three-Fifths Compromise

...The Three-fifths Compromise was not the only discussion of slavery at the convention.  The fate of slaves was also mention in a clause called the Northwest Ordinance.  This ordinance promised that any slave who escaped to the Northwest would be returned to their owners.   Along with this ordinance was the fugitive slave clause, that resulted in the illegal capture of numerous free blacks who forced back into slavery. Another compromise stated that congress could not stop the importation of s...

The purpose of a written constitution

...A constitution sets fundamental laws. It enshrines the protection of equal rights of all individuals.  There exists also the outlay of the duties of responsibilities of these very individuals in the constitution. The American constitution, for example, in the case of Maine State reads as following in the preamble “Objects of government. We the people of Maine, in order to establish justice, insure tranquility, provide for mutual defense, promote our common welfare and secure to ourselves and ...

Final Exam Study Guide

...1. Chp. 4: “Public Works Mean Taxes” – Public works arnt the best idea in the world because it taxes the people more 2. Chap. 5: “Taxes Discourage Production” - 3. Chap. 6: “Credit Divers Production. ” - 4. Chap. 11: “Who’s ‘Protected’ by Tarriffs? ” – The governments own interests 5. Chap. 12: “The Drive for Exports” – To get income a different way than taxing people 6. Chap. 13: ‘“Parity” Prices’ - 7. Chap. 15: “How the Price System Works” - Your Exa...

Federalism in America and India

...An accused or a witness in the US can depose from the place where he is imprisoned, thereby avoiding unnecessary travel all the way from Chicago or Los Angels to New York using the advanced technology. Such facilities are yet to develop in India. While a Judge in the US can hold his post for life as long as he enjoys his good health, in India it is slightly different. A District judge unless elevated retires at the age of 58, a High Court and a Supreme court Judge retires at the age of 65. Thus ...

Education is not the only key to success

...In the end, group decisions lead to group action! Conclusion Whichever method your group chooses to make its decisions or conduct its meetings, the four principles of a democratic meeting must be followed. As more formal procedures are adopted, more complicated rules are followed. There is little reason for any one person to attempt to learn every rule of parliamentary procedure. To know where to find the answers is enough. The following references may help answer any questions not addressed in ...


FAQ about Constitution


❓ Why Has the American Constitution Lasted so Long?

...[ 4 ]. Hodder-Williams, Richard (2003) ‘The US Constitution’, in Singh, Robert, Governing America: the politics of a divided democracy, Oxford: Oxford University Press, p. 53. [ 5 ]. Barrows, David Prescott (1936) ‘The Constitution as an Elemen ...

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